HomeMy WebLinkAbout9336 - Abatement of Moral Public Nuisance Law•
RESOLUTION NO. 9336
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH SUPPORTING INITIATIVE LEGIS-
LATION KNOWN AS "ABATEMENT OF MORAL PUBLIC
NUISANCE LAW"
WHEREAS, during the past several years, the widespread
dissemination of pornographic materials and increase in commercial
businesses dealing in hard -core pornography and in lewdness,
assignation, and prostitution has created serious law enforcement
problems in the local communities throughout the State of
California, and the failure of existing laws to provide an
effective means for controlling these local problems has become
a matter of grave concern; and
WHEREAS, a substantial number of people of this State
feel that the indiscriminate dissemination of such materials,
and the continued toleration of businesses which degrade sex,
will, over a long period of time, have an eroding effect on the
moral standards of the local communities and will do irreparable
harm to the family structure and family values of those communi-
ties; and
WHEREAS, the California Supreme Court ruled on
June 1, 1976, in People ex rel. Busch v. Projection Room Theater
et al., 17 Cal. 3d 52 also known as the Busch decision, that
"conduct offensive to a community's moral sensibilities is
likewise subject to regulation" under the public nuisance statutes
in the same manner as conduct which is offensive to the five
physical senses of hearing, sight, touch, smell and taste; and
WHEREAS, the California Supreme Court also ruled in the
• Busch decision that it saw "no satisfactory distinction which would
justify differential treatment of the pictorial representations
in obscene magazines and films on the one hand, and 'live'
performances on the other" and that "the presentation of either
may fairly be described as 'indecent' and equally injurious to
public morals" and that the exhibition of obscene magazines and
nuisance; and
WHEREAS, the California Supreme Court in Busch cited
with approval the U. S. Supreme Court decision in State ex rel.
Ewing v. "without a Stitch" (1974) 37 Ohio St. 2d 95, 307 N.E.2d
911, appeal dismissed for want of a substantial federal question
in 421 U.S. 923, 95 S.Ct. 1649, 44 L.Ed.2d, which upheld on the
merits an Ohio public nuisance statute and procedures which
authorize a state court to apply stringent penalties (even
closure under certain conditions) where moral public nuisances
were found to exist under the law; and
WHEREAS, the U. S. Supreme Court has indicated in
Miller v. California, 413 U.S. 15, 37 L.Ed.2d 419, 93 S.Ct. 207
(June 21, 1973) that the determination of community standards
is largely a matter for the local communities; and
WHEREAS, the elimination of the above- described evils
from the communities is in the best interest of the moral and
general welfare of the people in the local communities and it
appears
(1) that this can most effectively be accomplished
by declaring the same to be a "municipal affair"
which is more properly the subject of control
by local governments, and
(2) that a situation exists wherein the initiative
power reserved to the electors of cities and
counties by Article IV, Section 1 of the
California Constitution should be envoked for
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films is a
"per se" public nuisance, which can be
abated under
the public
nuisance laws of this State as a moral
public
nuisance; and
WHEREAS, the California Supreme Court in Busch cited
with approval the U. S. Supreme Court decision in State ex rel.
Ewing v. "without a Stitch" (1974) 37 Ohio St. 2d 95, 307 N.E.2d
911, appeal dismissed for want of a substantial federal question
in 421 U.S. 923, 95 S.Ct. 1649, 44 L.Ed.2d, which upheld on the
merits an Ohio public nuisance statute and procedures which
authorize a state court to apply stringent penalties (even
closure under certain conditions) where moral public nuisances
were found to exist under the law; and
WHEREAS, the U. S. Supreme Court has indicated in
Miller v. California, 413 U.S. 15, 37 L.Ed.2d 419, 93 S.Ct. 207
(June 21, 1973) that the determination of community standards
is largely a matter for the local communities; and
WHEREAS, the elimination of the above- described evils
from the communities is in the best interest of the moral and
general welfare of the people in the local communities and it
appears
(1) that this can most effectively be accomplished
by declaring the same to be a "municipal affair"
which is more properly the subject of control
by local governments, and
(2) that a situation exists wherein the initiative
power reserved to the electors of cities and
counties by Article IV, Section 1 of the
California Constitution should be envoked for
-2-
the purpose of enacting general laws through
initiative legislation;
(a) to provide stronger controls over such
• moral public nuisances for local govern-
ments which are regulated by general laws,
and
(b) to restore to charter cities and counties
the home rule powers which are needed to
deal further with such municipal affairs, and
(c) to put an end to the pre - emption policy
presently being applied in the California
courts, which prevents the recognition of the
problem as being a "municipal affair" which
requires the application of both local
control and home rule powers; and
WHEREAS, an Initiative measure, known by the title of
"Abatement of Moral Public Nuisances Law," has been drafted to
accomplish the above stated objectives, and is presently being
circulated for qualifying signatures;
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. That the City Council fully supports the
principles stated in the Initiative measure, known as the
"Abatement of Moral Public Nuisances Law" and recommends that
the same be placed on the ballot as an issue for the general
public to decide; and
Section 2. That the attention of all citizens of the
City of Newport Beach is invited to the efforts of the sponsoring
group, known as "Decency in the Environment Today," which is
seeking to obtain the necessary qualifying voter signatures, and
are urged to lend their support to such effort, so that the matter
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may be placed on the ballot as an issue to be decided by the
voters of the State of California at the next general election
following its qualification.
• ADOPTED this 22nd day of May , 1978.
ATTEST:
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City Cl rk
DATEi
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MAY 2 5 1978
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5/15/78
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CITY CLERK OF THE CITY OF 86ACW
DATEi
Ir
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MAY 2 5 1978
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DDO /bc
5/15/78